MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            02 OCTOBER 2003                   
	DOCKET NUMBER:   AR2003086995

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Ms. Kathleen A. Newman		Chairperson	
	Mr. Lester Echols		Member	
	Mr. John T. Meixell		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his records be corrected by awarding him the Purple Heart.  

APPLICANT STATES:  That he was injured in combat in December 1951, when his unit was hit by mortar fire, he received shrapnel in his arm and hand, and injured his back when he fell, he was treated at a company aide station and then transferred to a field hospital.  He was returned to the states and sent to the Army and Navy Hospital in Arkansas, where he was later released and sent home.  He never received any of his medals, and believes that his injury was a direct result of the December 1951 mortar attack.  In support of his request the applicant submits copies of the 27 April 1953 orders placing him on the Temporary Disability Retired List (TDRL), and a 20 April 1962 letter from his physician detailing his condition.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant enlisted in the Regular Army on 1 February 1950, for a period of three years.  He served in Korea from October 1951 to December 1952, and was assigned to K Company, 19th Infantry Regiment during the period in question.

On 16 March 1953, a physical examination noted that the applicant was well until December 1951, while serving in Korea, he fell and injured his back.  During the next 3-4 days he noticed stiffness and aching in his lower back.  His condition continued until January 1952, when he was x-rayed and told there were no findings, and he was returned to duty.  His symptoms continued and became progressively worse until November 1952 when he was again x-rayed and then hospitalized, with a diagnosis of severe, chronic, rheumatoid arthritis.

On 23 March 1953, a Medical Evaluation Board (MEB) diagnosed the applicant with rheumatoid arthritis, multiple joints, and recommended that his case be submitted to a Physical Evaluation Board (PEB).  

On 27 March 1953, a PEB diagnosed the applicant with severe rheumatoid arthritis, multiple joints.  On 30 April 1953 he was placed on the Temporary Disability Retired List (TDRL) with a 30 percent disability rating.

On 31 May 1958, after a periodic physical examination, the applicant was determined to be permanently unfit for military service with a modified disability rating of 50 percent, removed from the TDRL and permanently retired.  

A member of the staff of the Board conducted a search of the historical files of    K Company, 19th Infantry Regiment in Korea, located at the National Archives, and failed to produce copies of General Orders awarding the applicant the Purple Heart.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

Army Regulation 600-8-22 also provides, in pertinent part, for award of the National Defense Service Medal for honorable active service for any period between 27 June 1950 and 27 July 1954.  The National Defense Service Medal was omitted from the applicant’s separation document.

As a matter of information, on the occasion of the 50th anniversary of the Korean War, the Government of the Republic of Korea issued the Korean War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  On           20 August 1999, the Department of Defense approved acceptance and wear of this foreign award.  The Department of Defense has assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans of all services.  To apply, veterans must provide a copy of their discharge paper to the Awards and Decorations Section, Headquarter, Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base, Texas 78150-4714.  Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board notes that the applicant sustained an injury to his back while in Korea, however, there is insufficient evidence to show that his injury was the result of hostile action against an enemy force.  

2.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE:  Officials at the Army Review Boards Agency Support Division in St. Louis are requested to administratively correct the applicant’s separation document to reflect entitlement to the National Defense Service Medal.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__KAN __  ___LE  __  __JTM__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2003086995	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031002	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.